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(영문) 서울중앙지방법원 2016.03.17 2015가단28751

채무부존재확인

Text

1. The sum of the principal amount of the Defendant’s transferred-in-paid bonds, KRW 12,928,549, KRW 9,124, and interest shall be the sum of the principal amount of the Defendant’s transferred-in-paid bonds.

Reasons

1. The plaintiff's assertion

A. The Plaintiff’s obligation on the instant transferee’s claim was fully repaid.

B. The extinctive prescription of the instant claim for the assignee was complete.

2. Determination

A. The plaintiff's assertion of performance is without any evidence to prove it.

B. 1) Determination on the assertion of extinctive prescription as to the claim for security loan that the Defendant acquired from Samsung Bio-resources was incurred on October 24, 2001, and the repayment of KRW 48,750 among which the Plaintiff was due on November 22, 2005, is not disputed between the parties or recognized by the statement in Eul evidence 1. The Plaintiff’s repayment constitutes an implied approval of the obligation, barring any special circumstance, and thus, this part of the claim is suspended due to its interruption, and five years have passed since the lapse of the commercial prescription period from November 23, 2005 to November 23, 2010. Accordingly, the Plaintiff’s assertion as to this part of the claim is without merit, and the Plaintiff’s repayment order against the Plaintiff, which was the transferor from Samsung Savings Bank, was determined on November 24, 2005 to be determined by the Busan Central District Court on June 29, 2005.

Therefore, the extinctive prescription of each claim is interrupted due to the confirmation of each of the above judgments, and it has been extended to 10 years from the date of each judgment.